Today I would like to inform you that you can only apply for the right of residence until December 31, 2025. After that, this law will no longer apply and new applications will no longer be possible.
What can you do now to preserve your right to a right of residence?
What happens to applications that were submitted before December 31, 2025, but are not decided until after that date?
And why is the right of residence on opportunity so important again?
Remember: the right of residence on opportunity was introduced on January 1, 2023 in accordance with Section 104c AufenthG.
The great thing about it is that it is aimed at foreigners who are in Germany with a tolerated stay permit. It enables a change of track to a residence permit in accordance with § 25a AufenthG or § 25b AufenthG for well-integrated foreigners. This residence permit can be the basis for a permanent residence permit.
For details, please refer to my posts on this channel from 2023.
The right of residence is a success story. It has helped to reduce the number of tolerated foreigners by around 80,000 between 2022 and 2024.
From January 1, 2026, the basis for entitlement to the right of residence has been removed. There are no statutory transitional provisions. The law only makes it clear that the right of residence can only be changed to a residence permit for well-integrated foreigners.
The only thing that is clear is that anyone applying for the first time from 01.01.2026 is too late. The law no longer applies. The application is unfounded.
If the application is submitted on time but not decided by 31.12.2025, the situation is not clear. This is because the legislator has not made any transitional arrangements. Does the law at the time of application still apply? Or the law at the time of the decision?
Some information that can be found on immigration authority websites indicates that the law should continue to apply to applications submitted on time.
Our tip: make sure that ALL documents required to substantiate your claim have been received by the immigration authority by December 31, 2025. These are:
Application; this does not have to be a form, a short declaration is sufficient. Preferably in writing. And:
The commitment to the free democratic basic order of the Federal Republic of Germany. The immigration authorities have developed a form that you should use. You may be able to download it or obtain it from a local law firm.
Even if you have already submitted the application on time, it is best to submit the confession immediately if you have not already done so.
You do not need an appointment at the immigration office to submit the application on time by December 31, 2025, or to submit additional documents. It is not mandatory to appear in person. You can post the documents yourself, send them by e-mail or send them by post. It is important that you have proof of receipt, e.g. a witness at the time of posting, confirmation of receipt by e-mail or a registered letter.